8/20/2020 E-Library - Information At Your Fingertips: Printer Friendly and pre existing, not to mention the Grade 8 disability assessment. Eastgate likewise asserted that Torillos was not entitled to attorney's fees for his failure to timely question the October 29, 2012 Decision of the Labor Arbiter denying such claim as well as absence of bad faith on their part. The CA, on April 1, 2014, rendered a Decision[27] affirming, albeit with modification the Decision of the NLRC. It disallowed the award of US$118,800.00 under the CBA and ruled that Torillos failed to prove that his disability was caused by an accident. The CA, nonetheless, held that Torillos can recover the maximum disability benefits under the POEA-SEC, finding that Torillos' disability was work-related because his job as chief cook has exposed him to heavy manual labor that caused back strain and injury to his lumbar vertebrae. The CA concluded that Torillos is considered permanently and totally disabled since his disability incapacitated him to perform his customary work as a cook. The CA then affirmed the award of attorney's fees. The dispositive portion of the CA Decision is as follows: WHEREFORE, premises considered, the assailed Decision dated February 28, 2013 of the NLRC is AFFIRMED with MODIFICATION. The disability benefit awarded to private respondent Edgar L. Torillos is reduced to US$60,000.00 in accordance with Section 20 (B)(6) and Section 32 of the 2000 Philippine Overseas Employment Administration Standard Terms and Conditions Governing the Employment of Seafarers on Board Ocean Going Vessels and the award of attorney's fees is correspondingly reduced to US$6,000.00. SO ORDERED.[28] Both parties filed their respective motions for reconsideration. Eastgate maintained that Torillos' lumbar spondylosis was pre-existing that did not entitle him to permanent disability compensation. Torillos, for his part, sought reconsideration of the CA's reduction of the award of permanent total disability. He insisted that his disability was caused by an accident on board the vessel thus the CBA should have been applied. Both motions for reconsideration were denied by the CA in its Resolution[29] of December 15, 2014. Hence, both Torillos and Eastgate filed separate Petitions for Review on Certiorari,[30] which were consolidated by this Court. Issues G.R. No 215904 (Torillos' Petition) 1) WHETHER OR NOT THE HONORABLE COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION IN ITS APPRECIATION OF EVIDENCE IN REDUCING THE AWARD OF PERMANENT TOTAL DISABILITY BENEFITS TO SEAMAN TORILLOS. 2) WHETHER OR NOT THE HONORABLE COURT OF APPEALS ACTED IN A WAY NOT IN ACCORD WITH THE DECISIONS OF THE HONORABLE SUPREME COURT IN NOT APPLYING THE RULING IN THE CASE OF NFD INTERNATIONAL MANNING AGENTS, INC./BARBER SHIP MANAGEMENT elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64930 5/13